Lim (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, made by the first named applicant, with the second named applicant applying as a member of his family unit. The dispute before the Tribunal was whether the position of Cook, the subject of the visa application, met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. The decision was made by Terrence Baxter, a Member of the Tribunal.

The primary legal issue before the Tribunal was to determine if the nomination for the position of Cook was approved and had not been subsequently withdrawn, as required by clause 187.233. This clause, as applicable, stipulated several conditions, including that the nominator must be the prospective employer, the nomination must have been approved and not withdrawn, there must be no adverse information known to the Department about the nominator or associated persons, the position must remain available, and the visa application must be made within six months of the nomination's approval.

The Tribunal found that the nominator had applied to have the position of Cook approved on 4 August 2016. This nomination application was initially refused but subsequently reviewed by the Tribunal, which set aside the refusal and substituted a decision to approve the nomination on 4 January 2021. Therefore, the Tribunal concluded that clause 187.233 was met in relation to the first named applicant.

Given these findings, the Tribunal remitted the visa application for reconsideration by the Minister, directing that the first named applicant met criterion 187.233(3). The application of the second named applicant, as a family unit member, was also to be determined on remittal in light of the Tribunal's findings regarding the primary applicant.